Civil Process and Its Service, Volume 1 |
Contents
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Common terms and phrases
affidavit agent alias alleged amendment apply attachment attorney authority Bank cause of action cited clerk Colo common law complaint Conn constitutional contempt copy decree defect defendant defendant's directed effect endorsement execution fact filed foreign corporation garnishee guardian ad litem held holding irregularity issuance issued judgment judicial jurisdiction Kans Lawrence Harbor levy ment Minn N. J. Eq ne exeat nonresident notice nunc pro tunc officer Okla omission original party personal jurisdiction personal service petition plaintiff proceedings process void provision publication question quo warranto reason recitals rendered resident return day rule seal served service of process sheriff signature Smith statute requires statutory Subject sued sufficient suit summons supra tion validity void voidable waive waiver writ writ of attachment
Popular passages
Page 592 - States, to enforce any legal or equitable lien upon, or claim to. or to remove any incumbrance or lien or cloud upon, the title to real or personal property within the district where such suit is brought...
Page 340 - ... the record of a judgment rendered in another State may be contradicted as to the facts necessary to give the court jurisdiction ; and if it be shown that such facts did not exist, the record will be a nullity, notwithstanding it may recite that they did exist ;" and that " want of jurisdiction may be shown either as to the subject-matter or the person, or, in proceedings in rem, as to the thing.
Page 213 - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
Page 110 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 340 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.* 906.
Page 420 - ... a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as if served on him personally.
Page 55 - And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint...
Page 281 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case...
Page 420 - ... shall be deemed equivalent to an appointment by such nonresident of the registrar or his successor in office, to be his true and lawful attorney upon whom may be served all lawful processes...
Page 594 - The forms of mesne process and the forms and modes of proceeding in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts shall be according to the principles, rules, and usages which belong to courts of equity...